throbber
Case 1:17-cv-00770-JDW Document 434-1 Filed 07/09/24 Page 1 of 44 PageID #: 39178
`Case 1:17-cv-00770-JDW Document 434-1 Filed 07/09/24 Page 1 of 44 PagelD #: 39178
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`EXHIBIT A
`EXHIBIT A
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`

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`Case 1:17-cv-00770-JDW Document 434-1 Filed 07/09/24 Page 2 of 44 PageID #: 39179
`1:20-cv-00224-GBW
`Page 1 of 43
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`Vaxcel International Co., Ltd. v. HeathCo LLC D.Del. 1:20-cv-00224-GBW
`Docket Entries
`
`Showing 318 docket entries in Vaxcel International Co., Ltd. v. HeathCo LLC.; sorted by earliest docket entry.
`
`#1: Filed: 2020-02-14
`
`Complaint Pleading
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`View Documents (1/6) Fetched
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`COMPLAINT - filed with Jury Demand against HeathCo LLC - Magistrate Consent Notice to Pltf. ( Filing
`fee $ 400, receipt number 0311-2854064.) - filed by Vaxcel International Co., Ltd. (Attachments: # 1 Exhibit A-G, # 2 Exhibit H-L, # 3 Exhibit M,
`# 4 Exhibit N-Q, # 5 Civil Cover Sheet) (lak) (Entered: 02/18/2020)
`
`#2: Filed: 2020-02-14
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`View Documents (0/1) Fetched
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`Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (lak) (Entered: 02/18/2020)
`
`#3: Filed: 2020-02-14
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`View Documents (0/1) Fetched
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`Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 10,136,503
`;10,187,947 ;10,491,032 ;10,225,902 ;10,516,292. (lak) (Entered: 02/18/2020)
`
`#4: Filed: 2020-02-14
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`Corporate Disclosure Statement
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`View Documents (0/1) Fetched
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`Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Vaxcel International
`Co., Ltd.. (lak) (Entered: 02/18/2020)
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`#5: Filed: 2020-02-18
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`View Documents (0/1) Fetched
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`MOTION for Pro Hac Vice Appearance of Attorney Robert Mark Halligan and Richard Lehrer of
`FisherBroyles LLP - filed by Vaxcel International Co., Ltd.. (Cottrell, Frederick) (Entered: 02/18/2020)
`
`Filed: 2020-02-18
`
`Summons Issued with Magistrate Consent Notice attached as to HeathCo LLC on 2/18/2020. Requesting party or attorney should pick up
`issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (lak) (Entered: 02/18/
`2020)
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`#6: Filed: 2020-02-19
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`View Documents (0/1) Fetched
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`SUMMONS Returned Executed by Vaxcel International Co., Ltd.. HeathCo LLC served on 2/18/2020,
`answer due 3/10/2020. (Mowery, Katharine) (Entered: 02/19/2020)
`
`Filed: 2020-02-19
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`Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
`(Entered: 02/19/2020)
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`https://law.lexmachina.com/cases/2004125510#docket-1181321880
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`

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`Case 1:17-cv-00770-JDW Document 434-1 Filed 07/09/24 Page 3 of 44 PageID #: 39180
`1:20-cv-00224-GBW
`Page 2 of 43
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`Filed: 2020-02-24
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`Pro Hac Vice Attorney Robert Mark Halligan for Vaxcel International Co., Ltd. added for electronic noticing. Pursuant to Local Rule 83.5 (d).,
`Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) (Entered: 02/24/2020)
`
`Filed: 2020-02-24 Order
`
`SO ORDERED, re 5 MOTION for Pro Hac Vice Appearance of Attorney Robert Mark Halligan and Richard Lehrer of FisherBroyles LLP filed by
`Vaxcel International Co., Ltd. Signed by Judge Leonard P. Stark on 2/24/20. (ntl) (Entered: 02/24/2020)
`
`#7: Filed: 2020-03-10
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`View Documents (0/1) Fetched
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`STIPULATION TO EXTEND TIME to move, answer, or otherwise respond to the Complaint to April 9,
`2020 - filed by HeathCo LLC. (Brauerman, Stephen) (Entered: 03/10/2020)
`
`Filed: 2020-03-13 Order
`
`SO ORDERED, re 7 STIPULATION TO EXTEND TIME to move, answer, or otherwise respond to the Complaint to April 9, 2020 filed by
`HeathCo LLC. Signed by Judge Leonard P. Stark on 3/13/20. (ntl) (Entered: 03/13/2020)
`
`#8: Filed: 2020-03-31
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`View Documents (0/3) Fetched
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`MOTION for Pro Hac Vice Appearance of Attorney Larry Russ and Brian Ledahl - filed by HeathCo LLC.
`(Attachments: # 1 Certification of Larry Russ, # 2 Certification of Brian Ledahl)(Brauerman, Stephen)
`(Entered: 03/31/2020)
`
`Filed: 2020-04-07 Order
`
`SO ORDERED, re 8 MOTION for Pro Hac Vice Appearance of Attorney Larry Russ and Brian Ledahl filed by HeathCo LLC. Signed by Judge
`Leonard P. Stark on 4/7/20. (ntl) (Entered: 04/07/2020)
`
`#9: Filed: 2020-04-09 Answer Pleading
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`View Documents (1/1) Fetched
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`ANSWER to 1 Complaint, with Jury Demand / Defendant HeathCo, LLCs Answer and Affirmative
`Defenses by HeathCo LLC.(Brauerman, Stephen) (Entered: 04/09/2020)
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`#10: Filed: 2020-05-13
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`View Documents (1/1) Fetched
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`Letter to The Honorable Leonard P. Stark from Katharine L. Mowery regarding request for scheduling
`conference. (Mowery, Katharine) (Entered: 05/13/2020)
`
`#11: Filed: 2020-05-13 Order
`
`ORAL ORDER: IT IS HEREBY ORDERED that the parties shall confer regarding proposed dates in the scheduling order and shall submit a
`proposal, including a proposal for the length and timing of trial, to the Court no later than May 27, 2020. The parties are to review the Court's
`form scheduling order, which is posted at http://www.ded.uscourts.gov (see Chambers, Judge Stark, New Patent Procedures). ORDERED by
`Judge Leonard P. Stark on 5/13/2020. (ntl) (Entered: 05/13/2020)
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`https://law.lexmachina.com/cases/2004125510#docket-1181321880
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`

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`Case 1:17-cv-00770-JDW Document 434-1 Filed 07/09/24 Page 4 of 44 PageID #: 39181
`1:20-cv-00224-GBW
`Page 3 of 43
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`Filed: 2020-05-15
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`Pro Hac Vice Attorney Brian Ledahl for HeathCo LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be
`the registered users of CM/ECF and shall be required to file all papers. (mal)
`
`Filed: 2020-05-15
`
`Pro Hac Vice Attorney Brian Ledahl for HeathCo LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be
`the registered users of CM/ECF and shall be required to file all papers. (mal) (Entered: 05/15/2020)
`
`Filed: 2020-05-18
`
`Pro Hac Vice Attorney Larry C. Russ for HeathCo LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be
`the registered users of CM/ECF and shall be required to file all papers. (mal) (Entered: 05/18/2020)
`
`#12: Filed: 2020-05-27
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`View Documents (1/1) Fetched
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`PROPOSED ORDER Patent Scheduling Order by Vaxcel International Co., Ltd.. (Mowery, Katharine)
`(Entered: 05/27/2020)
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`#13: Filed: 2020-06-10
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`View Documents (0/2) Fetched
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`MOTION for Pro Hac Vice Appearance of Attorney Minna Y. Chan - filed by HeathCo LLC.
`(Attachments: # 1 Certification of Minna Y. Chan)(Brauerman, Stephen) (Entered: 06/10/2020)
`
`Filed: 2020-06-11 Order
`
`SO ORDERED, re 13 MOTION for Pro Hac Vice Appearance of Attorney Minna Y. Chan filed by HeathCo LLC. Signed by Judge Leonard P. Stark
`on 6/11/20. (ntl) (Entered: 06/11/2020)
`
`#14: Filed: 2020-06-16 Order
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`View Documents (1/1) Fetched
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`SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Status
`Report due by 8/13/2021. Dispositive Motions due by 3/25/2022. An Oral Argument is set for 5/24/2022 at 09:00 AM in Courtroom 6B
`before Judge Leonard P. Stark. Claim Construction Opening Brief due by 3/12/2021. Claim Construction Answering Brief due by 4/9/2021. A
`Markman Hearing is set for 5/3/2021 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Proposed Pretrial Order due by 7/15/2022.
`A Final Pretrial Conference is set for 8/5/2022 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. A 7-day Jury Trial is set for 8/15/
`2022 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 6/16/20. (ntl) (Entered: 06/16/2020)
`
`#15: Filed: 2020-06-16 Order
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`ORAL ORDER: This matter has been referred to Chief Magistrate Judge Mary Pat Thynge for ADR. Counsel are to advise on or before June 30,
`2020 by a JOINT EMAIL to Judge Thynge, with a copy to her Judicial Administrator, Ms. Kennedy, their clients interest in mediation and the
`timing when mediation is preferred with a very brief explanation why. When referencing the timing for mediation, counsel rely on certain
`events in the scheduling order, for example, before claim construction briefing, after the close of discovery, before expert reports and the like,
`they are to include the date(s) on when such event(s) occur. Ordered by Chief Magistrate Judge Mary Pat Thynge on 6/16/20. (cak) (Entered:
`06/16/2020)
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`https://law.lexmachina.com/cases/2004125510#docket-1181321880
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`

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`Case 1:17-cv-00770-JDW Document 434-1 Filed 07/09/24 Page 5 of 44 PageID #: 39182
`1:20-cv-00224-GBW
`Page 4 of 43
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`Filed: 2020-06-16
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`CASE REFERRED to Chief Magistrate Judge Mary Pat Thynge for Mediation. Please see Standing Order dated January 20, 2016, regarding
`disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at
`https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (cak) (Entered: 06/16/2020)
`
`Filed: 2020-06-17
`
`Pro Hac Vice Attorney Minna Y. Chan for HeathCo LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be
`the registered users of CM/ECF and shall be required to file all papers. (mal) (Entered: 06/17/2020)
`
`#16: Filed: 2020-07-07
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`View Documents (0/1) Fetched
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`NOTICE OF SERVICE of Defendant Heathco LLCs Initial Disclosures filed by HeathCo LLC.(Brauerman,
`Stephen) (Entered: 07/07/2020)
`
`#17: Filed: 2020-07-07
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`View Documents (0/1) Fetched
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`NOTICE OF SERVICE of Plaintiff Vaxcel International Co., LTD's Initial Disclosures filed by Vaxcel
`International Co., Ltd..(Mowery, Katharine) (Entered: 07/07/2020)
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`#18: Filed: 2020-07-15
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`View Documents (0/1) Fetched
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`NOTICE OF SERVICE of Defendant Heathco LLCs Default Standard for Discovery Section 3 Disclosures
`filed by HeathCo LLC.(Brauerman, Stephen) (Entered: 07/15/2020)
`
`#19: Filed: 2020-07-16
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`View Documents (0/1) Fetched
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`NOTICE OF SERVICE of Plaintiff's Disclosures Purusant to Section 3 of the Default Standard filed by
`Vaxcel International Co., Ltd..(Mowery, Katharine) (Entered: 07/16/2020)
`
`#20: Filed: 2020-07-16
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`View Documents (0/1) Fetched
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`STIPULATION TO EXTEND TIME to submit a Proposed Protective Order to July 23, 2020 - filed by
`Vaxcel International Co., Ltd.. (Mowery, Katharine) (Entered: 07/16/2020)
`
`#21: Filed: 2020-07-20
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`View Documents (0/2) Fetched
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`MOTION for Pro Hac Vice Appearance of Attorney Paul A. Kroeger - filed by HeathCo LLC.
`(Attachments: # 1 Certification of Paul A. Kroeger)(Brauerman, Stephen) (Entered: 07/20/2020)
`
`Filed: 2020-07-20 Order
`
`SO ORDERED, re 20 STIPULATION TO EXTEND TIME to submit a Proposed Protective Order to July 23, 2020 filed by Vaxcel International
`Co., Ltd. Signed by Judge Leonard P. Stark on 7/20/20. (ntl) (Entered: 07/20/2020)
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`https://law.lexmachina.com/cases/2004125510#docket-1181321880
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`

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`Case 1:17-cv-00770-JDW Document 434-1 Filed 07/09/24 Page 6 of 44 PageID #: 39183
`1:20-cv-00224-GBW
`Page 5 of 43
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`#22: Filed: 2020-07-23
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`PROPOSED ORDER Proposed Protective Order by Vaxcel International Co., Ltd.. (Mowery, Katharine)
`(Entered: 07/23/2020)
`
`Filed: 2020-07-23 Order
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`SO ORDERED, re 21 MOTION for Pro Hac Vice Appearance of Attorney Paul A. Kroeger filed by HeathCo LLC. Signed by Judge Leonard P.
`Stark on 7/23/20. (ntl) (Entered: 07/23/2020)
`
`Filed: 2020-07-23
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`Pro Hac Vice Attorney Paul A. Kroeger for HeathCo LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall
`be the registered users of CM/ECF and shall be required to file all papers. (mal) (Entered: 07/23/2020)
`
`Filed: 2020-07-28 Order
`
`SO ORDERED, re 22 Proposed Protective Order filed by Vaxcel International Co., Ltd. Signed by Judge Leonard P. Stark on 7/28/20. (ntl)
`
`Filed: 2020-07-28 Order
`
`SO ORDERED, re 22 Proposed Protective Order filed by Vaxcel International Co., Ltd. Signed by Judge Leonard P. Stark on 7/28/20. (ntl)
`(Entered: 07/28/2020)
`
`#23: Filed: 2020-07-29 Order
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`View Documents (0/1) Fetched
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`ORDER Setting Teleconference: Plaintiff's counsel to initiate the call. A Telephone Conference is set for
`8/7/2020 at 11:00 AM Eastern Time with Judge Mary Pat Thynge to discuss ADR. Signed by Judge Mary Pat Thynge on 7/29/20. (cak)
`(Entered: 07/29/2020)
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`#24: Filed: 2020-08-07
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`View Documents (0/1) Fetched
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`NOTICE OF SERVICE of Plaintiff's (1) Disclosures Pursuant to Paragraph 7(a) of the Scheduling Order;
`and (2) Production of the Prosecution History of Each Asserted Patent filed by Vaxcel International Co.,
`Ltd..(Mowery, Katharine) (Entered: 08/07/2020)
`
`#25: Filed: 2020-08-18 Order
`
`ORAL ORDER Setting Teleconference: Defense counsel to initiate the call. A Telephone Conference is set for 11/30/2020 at 11:00 AM Eastern
`Time with Judge Mary Pat Thynge. Ordered by Judge Mary Pat Thynge on 8/18/20. (cak) (Entered: 08/18/2020)
`
`#26: Filed: 2020-09-29
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`View Documents (0/2) Fetched
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`MOTION Unopposed Motion for Leave to File a First Amended and Supplemental Complaint - filed by
`Vaxcel International Co., Ltd.. (Attachments: # 1 Text of Proposed Order)(Mowery, Katharine) (Entered:
`09/29/2020)
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`https://law.lexmachina.com/cases/2004125510#docket-1181321880
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`

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`Case 1:17-cv-00770-JDW Document 434-1 Filed 07/09/24 Page 7 of 44 PageID #: 39184
`1:20-cv-00224-GBW
`Page 6 of 43
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`#27: Filed: 2020-09-29
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`Letter to The Honorable Leonard P. Stark from Katharine L. Mowery regarding Motion for Leave to File
`Amended and Supplemental Complaint. (Attachments: # 1 Exhibit 1 (Tabs A-I), # 2 Exhibit 1 (Tabs J-O), #
`3 Exhibit 1 (Tabs P-S))(Mowery, Katharine) (Entered: 09/29/2020)
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`#28: Filed: 2020-09-29
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`EXHIBIT re 27 Letter, by Vaxcel International Co., Ltd.. (Attachments: # 1 Exhibit 1 (Tab T), # 2 Exhibit 1
`(Tab U-X), # 3 Exhibit 1 (Tab (Y-Z), # 4 Exhibit 2)(Mowery, Katharine) (Entered: 09/29/2020)
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`#29: Filed: 2020-10-05 Order
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`View Documents (0/1) Fetched
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`ORDER re 26 MOTION Unopposed Motion for Leave to File a First Amended and Supplemental
`Complaint filed by Vaxcel International Co., Ltd. Signed by Judge Leonard P. Stark on 10/1/20. (ntl) (Entered: 10/05/2020)
`
`#30: Filed: 2020-10-06
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`Complaint Pleading
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`View Documents (5/5) Fetched
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`First AMENDED COMPLAINT against HeathCo LLC- filed by Vaxcel International Co., Ltd..
`(Attachments: # 1 Patent/Trademark Report, # 2 Exhibit A-I, # 3 Exhibit J-O, # 4 Exhibit P-S)(Mowery, Katharine) (Entered: 10/06/2020)
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`#31: Filed: 2020-10-06
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`View Documents (2/4) Fetched
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`EXHIBIT re 30 Amended Complaint by Vaxcel International Co., Ltd.. (Attachments: # 1 Exhibit T, # 2
`Exhibit U-X, # 3 Exhibit Y-Z)(Mowery, Katharine) (Entered: 10/06/2020)
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`#32: Filed: 2020-10-07
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`View Documents (0/2) Fetched
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`MOTION for Pro Hac Vice Appearance of Attorney David T. Shackelford - filed by HeathCo LLC.
`(Attachments: # 1 Certification David T. Shackelford)(Brauerman, Stephen) (Entered: 10/07/2020)
`
`Filed: 2020-10-09 Order
`
`SO ORDERED, re 32 MOTION for Pro Hac Vice Appearance of Attorney David T. Shackelford filed by HeathCo LLC. Signed by Judge Leonard P.
`Stark on 10/9/20. (ntl) (Entered: 10/09/2020)
`
`Filed: 2020-10-13
`
`Pro Hac Vice Attorney David T. Shackelford for HeathCo LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel
`shall be the registered users of CM/ECF and shall be required to file all papers. (myr) (Entered: 10/13/2020)
`
`#33: Filed: 2020-10-15
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`View Documents (0/1) Fetched
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`Joint STIPULATION TO EXTEND TIME for Defendant Heathco LLC to answer, move, or otherwise
`respond to Plaintiff's First Amended and Supplemental Complaint to November 19, 2020 - filed by
`HeathCo LLC. (Brauerman, Stephen) (Entered: 10/15/2020)
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`https://law.lexmachina.com/cases/2004125510#docket-1181321880
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`

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`Case 1:17-cv-00770-JDW Document 434-1 Filed 07/09/24 Page 8 of 44 PageID #: 39185
`1:20-cv-00224-GBW
`Page 7 of 43
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`Filed: 2020-10-16 Order
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`SO ORDERED, re 33 Joint STIPULATION TO EXTEND TIME for Defendant Heathco LLC to answer, move, or otherwise respond to Plaintiff's
`First Amended and Supplemental Complaint to November 19, 2020 filed by HeathCo LLC. Signed by Judge Leonard P. Stark on 10/16/20. (ntl)
`(Entered: 10/16/2020)
`
`#34: Filed: 2020-11-09
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`View Documents (1/2) Fetched
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`Letter to The Honorable Leonard P. Stark from Katharine L. Mowery regarding the request for a
`scheduling conference - re 30 Amended Complaint. (Attachments: # 1 Exhibit)(Mowery, Katharine)
`(Entered: 11/09/2020)
`
`#35: Filed: 2020-11-19 Answer Pleading
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`View Documents (1/1) Fetched
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`AMENDED ANSWER to 30 Amended Complaint by HeathCo LLC. (Brauerman, Stephen) (Entered: 11/
`19/2020)
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`#36: Filed: 2020-11-23 Order
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`View Documents (1/1) Fetched
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`AMENDED SCHEDULING ORDER: Status Report due by 10/10/2021. Dispositive Motions due by 4/
`25/2022. An Oral Argument is set for 6/28/2022 at 11:00 AM in Courtroom 6B before Judge Leonard P. Stark. Joint Claim Construction Brief
`due by 7/19/2021. A Markman Hearing is set for 8/2/2021 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Proposed Pretrial
`Order due by 9/19/2022. A Final Pretrial Conference is set for 9/29/2022 at 04:00 PM in Courtroom 6B before Judge Leonard P. Stark. A
`7-day Jury Trial is set for 10/11/2022 at 09:00 AM in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 11/
`23/20. (ntl) (Entered: 11/23/2020)
`
`#37: Filed: 2020-11-30
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`MOTION for Pro Hac Vice Appearance of Attorney Michael Sadowitz, David Radulescu, and Etai Lahav -
`filed by HeathCo LLC. (Attachments: # 1 Certificate of Compliance, # 2 Certificate of Compliance, # 3
`Certificate of Compliance)(Brauerman, Stephen) (Entered: 11/30/2020)
`
`Filed: 2020-12-01 Order
`
`SO ORDERED, re 37 MOTION for Pro Hac Vice Appearance of Attorney Michael Sadowitz, David Radulescu, and Etai Lahav filed by HeathCo
`LLC. Signed by Judge Leonard P. Stark on 12/1/20. (ntl) (Entered: 12/01/2020)
`
`#38: Filed: 2020-12-08
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`Letter to The Honorable Leonard P. Stark from Stephen B. Brauerman regarding Narrowing Claims.
`(Brauerman, Stephen) (Entered: 12/08/2020)
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`#39: Filed: 2020-12-11
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`MOTION to Strike 38 Letter - filed by Vaxcel International Co., Ltd.. (Attachments: # 1 Text of Proposed
`Order)(Mowery, Katharine) (Entered: 12/11/2020)
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`https://law.lexmachina.com/cases/2004125510#docket-1181321880
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`

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`Case 1:17-cv-00770-JDW Document 434-1 Filed 07/09/24 Page 9 of 44 PageID #: 39186
`1:20-cv-00224-GBW
`Page 8 of 43
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`#40: Filed: 2020-12-11
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`Letter to The Honorable Leonard P. Stark from Katharine L. Mowery regarding Motion to Strike
`HeathCo's December 8, 2020 Letter Motion - re 39 MOTION to Strike 38 Letter . (Attachments: # 1
`Exhibit A)(Mowery, Katharine) (Entered: 12/11/2020)
`
`#41: Filed: 2020-12-11
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`NOTICE OF SERVICE of Plaintiff's (1) Disclosures Pursuant to the Revised Scheduling Order and (2)
`Production of the Prosecution History of Each Asserted Patent filed by Vaxcel International Co.,
`Ltd..(Mowery, Katharine) (Entered: 12/11/2020)
`
`#42: Filed: 2020-12-15
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`RESPONSE to Motion re 39 MOTION to Strike 38 Letter filed by HeathCo LLC. (Brauerman, Stephen)
`(Entered: 12/15/2020)
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`#43: Filed: 2020-12-16
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`NOTICE requesting Clerk to remove Larry C. Russ and Brian D. Ledahl as co-counsel. Reason for
`request: No longer representing Defendant. (Brauerman, Stephen) (Entered: 12/16/2020)
`
`Filed: 2020-12-16
`
`Pro Hac Vice Attorney Etai Lahav for HeathCo LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the
`registered users of CM/ECF and shall be required to file all papers. (myr)
`
`Filed: 2020-12-16
`
`Pro Hac Vice Attorney Etai Lahav for HeathCo LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the
`registered users of CM/ECF and shall be required to file all papers. (myr) (Entered: 12/16/2020)
`
`Filed: 2020-12-16
`
`Pro Hac Vice Attorney David C. Radulescu for HeathCo LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel
`shall be the registered users of CM/ECF and shall be required to file all papers. (myr) (Entered: 12/16/2020)
`
`#44: Filed: 2020-12-18
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`Letter to The Honorable Leonard P.Stark from Katharine L. Mowery regarding response to Heathco's
`response to motion to strike - re 42 Response to Motion. (Mowery, Katharine) (Entered: 12/18/2020)
`
`#45: Filed: 2020-12-18
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`Letter to The Honorable Leonard P. Stark from Katharine L. Mowery regarding Request for
`Teleconference on Vaxcel's Motion to Strike - re 39 MOTION to Strike 38 Letter . (Mowery, Katharine)
`(Entered: 12/18/2020)
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`https://law.lexmachina.com/cases/2004125510#docket-1181321880
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`

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`Case 1:17-cv-00770-JDW Document 434-1 Filed 07/09/24 Page 10 of 44 PageID #: 39187
`1:20-cv-00224-GBW
`Page 9 of 43
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`#46: Filed: 2020-12-28 Order
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`ORAL ORDER: Having reviewed the parties' recent letters (see D.I. 38-40, 42, 44-45), IT IS HEREBY ORDERED that Vaxcel's motion to strike a
`letter (D.I. 39) is DENIED. IT IS FURTHER ORDERED that the Court will hold a status teleconference on Wednesday, January 13, 2021
`beginning at 10:30 a.m. Counsel shall provide the Court with the call-in information. In advance of the teleconference, the parties shall meet
`and confer and, no later than January 11, submit a joint status report providing (in addition to anything else they wish to report) their position(s)
`on narrowing the asserted patent claims, narrowing prior art references on which invalidity defenses may be based, and a procedure to
`accelerate at least some limited damages-related discovery (to allow the parties and Court to better assess, among other things, the amount of
`discovery likely to be proportional to the needs of the case). Ordered by Judge Leonard P. Stark on 12/28/2020. (etg) (Entered: 12/28/2020)
`
`#47: Filed: 2021-01-11
`
`View Documents (2/2) Fetched
`
`Letter to The Honorable Leonard P. Stark from Katharine L. Mowery regarding Joint Status Report - re
`46 Oral Order,,,, Set Hearings,,,. (Attachments: # 1 Exhibit Vaxcel's Exhibits A-F)(Mowery, Katharine)
`(Entered: 01/11/2021)
`
`#48: Filed: 2021-01-12 Order
`
`ORAL ORDER: Having reviewed the parties' letter (D.I. 47), IT IS HEREBY ORDERED that the following provisions will govern (in addition to
`those the parties have agreed on: (i) Plaintiff will reduce its asserted claims to no more than 100, split however plaintiff chooses, by February
`12, 2021; (ii) Defendant will reduce its prior art references to no more than 50 by March 12, 2021; (iii) Plaintiff will reduce its asserted claims to
`no more than 33 within 21 days after the issuance of the Markman order; (iv) Defendant will reduce its prior art references to no more than 30
`within 21 days after Plaintiff's post-Markman order reduction of claims; and (v) the parties will brief no more than 15 claim construction
`disputes as part of the forthcoming Markman process. All of these limitations may be modified for good cause shown. The Court has
`determined, based on the totality of circumstances and the arguments made by the parties, that these limitations are reasonable and
`appropriate. Additional reductions on both sides will almost certainly become necessary (and possibly ordered) before trial, given the limited
`time the parties will be given for their trial presentations. IT IS FURTHER ORDERED that the teleconference scheduled for January 13 is
`cancelled. ORDERED by Judge Leonard P. Stark on 1/12/21. (ntl) (Entered: 01/12/2021)
`
`#49: Filed: 2021-01-13
`
`View Documents (0/1) Fetched
`
`NOTICE of Appearance by Ronald P. Golden, III on behalf of HeathCo LLC (Golden, Ronald) (Entered:
`01/13/2021)
`
`#50: Filed: 2021-01-28
`
`View Documents (0/1) Fetched
`
`NOTICE OF SERVICE of Heathco LLC's First Set of Interrogatories (Nos. 1-12) and Heathco LLC's First
`Set of Requests for Production (Nos. 1-78) filed by HeathCo LLC.(Brauerman, Stephen) (Entered: 01/28/
`2021)
`
`#51: Filed: 2021-01-28
`
`View Documents (0/1) Fetched
`
`NOTICE requesting Clerk to remove Minna Y. Chan, Paul A. Kroeger, and David T. Shackelford as co-
`counsel. Reason for request: No longer representing Defendant. (Brauerman, Stephen) (Entered: 01/28/
`2021)
`
`https://law.lexmachina.com/cases/2004125510#docket-1181321880
`
`

`

`Case 1:17-cv-00770-JDW Document 434-1 Filed 07/09/24 Page 11 of 44 PageID #: 39188
`1:20-cv-00224-GBW
`Page 10 of 43
`
`#52: Filed: 2021-02-03 Order
`
`View Documents (0/1) Fetched
`
`ORDER Setting Mediation Conferences: A Mediation Conference is set for 8/11/2021 at 10:00 AM
`Eastern Time before Judge Mary Pat Thynge. SEE ORDER FOR DETAILS. Signed by Judge Mary Pat Thynge on 2/3/21. (cak) (Entered: 02/03/
`2021)
`
`#53: Filed: 2021-02-03 Order
`
`View Documents (0/1) Fetched
`
`ORDER Setting Mediation Conferences: A Mediation Conference is set for 8/24/2021 at 10:00 AM
`Eastern Time before Judge Mary Pat Thynge. SEE ORDER FOR DETAILS. Signed by Judge Mary Pat Thynge on 2/3/21. (cak)
`
`Filed: 2021-02-03
`
`CORRECTING ENTRY: DI 53 removed from the docket. It was filed in the wrong case. (cak)
`
`Filed: 2021-02-03
`
`CORRECTING ENTRY: DI 53 removed from the docket. It was filed in the wrong case. (cak) (Entered: 02/03/2021)
`
`#53: Filed: 2021-02-12
`
`View Documents (0/1) Fetched
`
`STIPULATION and [Proposed] Order to Extend Time Regarding Contention Deadlines by Vaxcel
`International Co., Ltd.. (Mowery, Katharine) (Entered: 02/12/2021)
`
`Filed: 2021-02-16 Order
`
`SO ORDERED, re 53 STIPULATION and [Proposed] Order to Extend Time Regarding Contention Deadlines filed by Vaxcel International Co.,
`Ltd. Signed by Judge Leonard P. Stark on 2/16/21. (ntl) (Entered: 02/16/2021)
`
`#54: Filed: 2021-02-19
`
`View Documents (0/1) Fetched
`
`NOTICE OF SERVICE of Plaintiff's Reduced Claim Identification and Initial Claim Charts filed by Vaxcel
`International Co., Ltd..(Mowery, Katharine) (Entered: 02/19/2021)
`
`#55: Filed: 2021-03-01
`
`View Documents (0/1) Fetched
`
`NOTICE OF SERVICE of Plaintiff's Objections and Responses to Defendant's: (1) First Set of Requests
`for Production (Nos. 1-75) and (2) First Set of Interrogatories (Nos. 1-12) filed by Vaxcel International
`Co., Ltd..(Mowery, Katharine) (Entered: 03/01/2021)
`
`#56: Filed: 2021-03-05
`
`View Documents (0/1) Fetched
`
`NOTICE OF SERVICE of (1) Plaintiff's First Set of Interrogatories (Nos. 1-13) to Defendant and (2)
`Plaintiff's First Set of Requests for the Production of Documents and Things (Nos. 1-74) to Defendant
`filed by Vaxcel International Co., Ltd..(Mowery, Katharine) (Entered: 03/05/2021)
`
`https://law.lexmachina.com/cases/2004125510#docket-1181321880
`
`

`

`Case 1:17-cv-00770-JDW Document 434-1 Filed 07/09/24 Page 12 of 44 PageID #: 39189
`1:20-cv-00224-GBW
`Page 11 of 43
`
`#57: Filed: 2021-03-30
`
`View Documents (0/1) Fetched
`
`STIPULATION TO EXTEND TIME for Vaxcel to serve an amended claim chart pursuant to the Court's
`Revised Patent Form Scheduling Order (D.I. 36) shall be April 9, 2021 and the deadline for Heathco to
`serve its intial invalidity contentions pursuant to the Court's Revised Patent Form Scheduling Order (D.I. 36) is extended to April 2, 2021 - filed
`by HeathCo LLC. (Golden, Ronald) (Entered: 03/30/2021)
`
`#58: Filed: 2021-04-02
`
`View Documents (1/1) Fetched
`
`NOTICE OF SERVICE of Defendant Heathco LLC's Initial Invalidity Contentions filed by HeathCo
`LLC.(Golden, Ronald) (Entered: 04/02/2021)
`
`#59: Filed: 2021-04-12
`
`View Documents (1/1) Fetched
`
`NOTICE OF SERVICE of Heathco LLC's Document Production, Heathco LLC's Responses and
`Objections to Plaintiff's First Set of Interrogatories (Nos. 1-13), and Heathco LLC's Responses and
`Objections to Plaintiff's First Set of Requests for the Production of Documents and Things (Nos. 1-74) filed by HeathCo LLC.(Golden, Ronald)
`(Entered: 04/12/2021)
`
`#60: Filed: 2021-04-12
`
`View Documents (0/1) Fetched
`
`NOTICE OF SERVICE of Plaintiff's Supplemental Initial Infringement Claim Charts filed by Vaxcel
`International Co., Ltd..(Mowery, Katharine) (Entered: 04/12/2021)
`
`Filed: 2021-04-12 Order
`
`SO ORDERED, re 57 STIPULATION TO EXTEND TIME for Vaxcel to serve an amended claim chart pursuant to the Court's Revised Patent
`Form Scheduling Order (D.I. 36) shall be April 9, 2021 and the deadline for Heathco to serve its intial invalidity contentions pursuant to the
`Court's Revised Patent Form Scheduling Order (D.I. 36) is extended to April 2, 2021 filed by HeathCo LLC. Signed by Judge Leonard P. Stark on
`4/12/21. (ntl) (Entered: 04/12/2021)
`
`#61: Filed: 2021-04-20
`
`View Documents (0/1) Fetched
`
`NOTICE OF SERVICE of Heathco LLC's Preliminary Proposed Claim Terms and Constructions filed by
`HeathCo LLC.(Golden, Ronald) (Entered: 04/20/2021)
`
`#62: Filed: 2021-04-20
`
`View Documents (0/1) Fetched
`
`NOTICE OF SERVICE of Claim Construction Issue Identification filed by Vaxcel International Co.,
`Ltd..(Mowery, Katharine) (Entered: 04/20/2021)
`
`#63: Filed: 2021-04-23 Order
`
`ORAL ORDER re 52 Order Setting Mediation Conferences. The mediation ORDER at D.I. 52 is modified as follows: The virtual platform
`information, shall be due no earlier or no later than 8/9/2021 at 5:00 PM Eastern Time. This may be provided in a single email, and any such
`information shall be provided to Judge Thynge and her Law Clerk, Daniel Taylor (daniel_taylor@ded.uscourts.gov). All other provisions of D.I. 52
`remain the same. Ordered by Judge Mary Pat Thynge on 4/23/2021. (Taylor, Daniel) (Entered: 04/23/2021)
`
`https://law.lexmachina.com/cases/2004125510#docket-1181321880
`
`

`

`Case 1:17-cv-00770-JDW Document 434-1 Filed 07/09/24 Page 13 of 44 PageID #: 39190
`1:20-cv-00224-GBW
`Page 12 of 43
`
`#64: Filed: 2021-05-14
`
`Claim Construction Order Order
`
`View Documents (1/4) Fetched
`
`CLAIM Construction Chart by Vaxcel International Co., Ltd.. (Attachments: # 1 Exhibit A-D, # 2 Exhibit
`E-K, # 3 Exhibit L-M)(Mowery, Katharine) (Entered: 05/14/2021)
`
`#65: Filed: 2021-06-18
`
`View Documents (0/1) Fetched
`
`NOTICE OF SERVICE of Heathco LLCs Claim Construction Answering Brief and this Notice of Service
`filed by HeathCo LLC.(Brauerman, Stephen) (Entered: 06/18/2021)
`
`#66: Filed: 2021-07-06
`
`View Documents (0/1) Fetched
`
`NOTICE OF SERVICE of Plaintiff's Opening Claim Construction Brief For U.S. Patent Nos. 10,136,503,
`10,187,947, 10,491,032, 9,326,362, 10,225,902, 10,516,292, 10,763,691, 10,770,916, 10,154,564,
`10,667,367 and 9,560,719 filed by Vaxcel International Co., Ltd..(Mowery, Katharine) (Entered: 07/06/2021)
`
`#67: Filed: 2021-07-06
`
`View Documents (0/1) Fetched
`
`NOTICE OF SERVICE of (1) Plaintiff's Reply Claim Construction Brief and (2) Declaration of Richard M.
`Lehrer, Esq. in Support of Plaintiff's Reply Claim Construction Brief filed by Vaxcel International Co.,
`Ltd..(Mowery, Katharine) (Entered: 07/06/2021)
`
`#68: Filed: 2021-07-16
`
`View Documents (1/1) Fetched
`
`NOTICE OF SERVICE of Heathco LLC's Claim Consruction Sur-Reply Brief, the Delcaration of Michael
`D. Sadowitz in Support of Defendant Heathco LLC's Sur-Reply Claim Construction Brief and this Notice
`of Service filed by HeathCo LLC.(Golden, Ronald) (Entered: 07/16/2021)
`
`#69: Filed: 2021-07-19
`
`View Documents (1/1) Fetched
`
`JOINT CLAIM CONSTRUCTION BRIEF filed by Vaxcel International Co., Ltd.. (Mowery, Katharine)
`(Entered: 07/19/2021)
`
`#70: Filed: 2021-07-19
`
`View Documents (2/5) Fetched
`
`Joint APPENDIX re 69 Joint Claim Construction Brief by Vaxcel International Co., Ltd.. (Attachments: # 1
`Exhibit Part 1, # 2 Exhibit Part 2, # 3 Exhibit Part 3, # 4 Exhibit Part 4)(Mowery, Katharine) (Entered: 07/
`19/2021)
`
`#71: Filed: 2021-07-21
`
`View Documents (1/1) Fetched
`
`Letter to The Honorable Leonard P. Stark from Katharine L. Mowery regarding August 2 Markman
`Hearing. (Mowery, Katharine) (Entered: 07/21/2021)
`
`#72: Filed: 2021-07-28
`
`View Documents (0/1) Fetched
`
`MOTION for Pro Hac Vice Appearance of Attorney John E. Boyd - filed by Vaxcel International Co., Ltd..
`(Mowery, Katharine) (Entered: 07/28/2021)
`
`https://law.lexmachina.com/cases/2004125510#docket-1181321880
`
`

`

`Case 1:17-cv-00770-JDW Document 434-1 Filed 07/09/24 Page 14 of 44 PageID #: 39191
`1:20-cv-00224-GBW
`Page 13 of 43
`
`#73: Filed: 2021-07-28
`
`View Documents (1/3) Fetched
`
`MOTION for Pro Hac Vice Appearance of Attorney Kevin S. Kudlac - filed by HeathCo LLC.
`(Attachments: # 1 [Proposed] Order, # 2 Certification of Kevin S. Kudlac)(Golden, Ronald) (Entered: 07/
`28/2021)
`
`Filed: 2021-07-28 Order
`
`SO ORDERED, re 72 MOTION for Pro Hac Vice Appearance of Attorney John E. Boyd filed by Vaxcel International Co., Ltd., 73 MOTION for
`Pro Hac Vice Appearance of Attorney Kevin S. Kudlac filed by HeathCo LLC. Signed by Judge Leonard P. Stark on 7/28/21. (ntl) (Entered: 07/
`28/2021)
`
`Filed: 2021-07-29
`
`Pro Hac Vice Attorney John E. Boyd for Vaxcel International Co., Ltd. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware
`counsel shall be the regis

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